Ward v. People

Appellate Court of Illinois

Ward v. People

68 Ill. App. 138, 1896 Ill. App. LEXIS 445

DecidedDecember 9, 1896

StatusPublished

This text of 68 Ill. App. 138 (Ward v. People) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ward v. People, 68 Ill. App. 138, 1896 Ill. App. LEXIS 445 (Ill. Ct. App. 1896).

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Opinion

Mr. Justice Crabtree

delivered the opinion of the Court.

, This was a prosecution for bastardy. There was a trial by jury, a verdict of guilty, and that appellant was the father of the bastard child. A motion for new trial was overruled and judgment entered against appellant, according to the statute in such cases.

It is insisted the verdict is against the weight of the evidence. While it may be conceded there is much in the evidence which tends to weaken the prosecution, ¡fet the jury saw the witnesses and heard them testify, and the trial judge, with the same opportunities, refused a new trial, so that, even though upon the evidence as it appears in the record, we might, in the first instance, have been disposed to find the other way, we can not say the jury were not warranted in finding the appellant guilty. In the absence of manifest error in the record, we do not feel authorized to reverse the judgment.

A careful examination of the record shows it to be substantially free from error, either in admitting or rejecting evidence, or the giving or refusing instructions, and the judgment will therefore be affirmed.

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Mr. Justice Crabtree

delivered the opinion of the Court.

, This was a prosecution for bastardy. There was a trial by jury, a verdict of guilty, and that appellant was the father of the bastard child. A motion for new trial was overruled and judgment entered against appellant, according to the statute in such cases.

It is insisted the verdict is against the weight of the evidence. While it may be conceded there is much in the evidence which tends to weaken the prosecution, ¡fet the jury saw the witnesses and heard them testify, and the trial judge, with the same opportunities, refused a new trial, so that, even though upon the evidence as it appears in the record, we might, in the first instance, have been disposed to find the other way, we can not say the jury were not warranted in finding the appellant guilty. In the absence of manifest error in the record, we do not feel authorized to reverse the judgment.

A careful examination of the record shows it to be substantially free from error, either in admitting or rejecting evidence, or the giving or refusing instructions, and the judgment will therefore be affirmed.

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Bluebook (online)

68 Ill. App. 138, 1896 Ill. App. LEXIS 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ward-v-people-illappct-1896.